Case Closed: Yoos Pleads Guilty with Alford Plea

by Janine Unsoeld
www.janineslittlehollywood.blogspot.com

Scott Yoos, an Olympia man accused of a felony assault against a police officer, today pleaded guilty with an Alford plea to two counts, one for criminal trespass and one for obstructing a law enforcement officer.

In negotiations between Yoos, his attorney, Larry Hildes, and Thurston County Prosecuting Attorney J. Andrew Toynbee, the change in plea thus ended a 26 month ordeal for Yoos, and everyone else involved.

Yoos, 47, can hear, but cannot speak due to a head injury from a beating he suffered while hitchhiking in 1984.

On June 1, 2011, Yoos was cited for criminal trespass and obstructing justice while riding on his bicycle through Olympia at 11:30 p.m. toward his home on Martin Way. Yoos stopped to throw some dirty napkins in a Dumpster located at 2302 Fourth Avenue, near Twister Donuts, and within minutes, officers converged on Yoos. Yoos' method of communication, pen and paper, were taken away, and his attempts to communicate using sign language were interpreted by officers as violent behavior.

The case was bumped up to a felony after Olympia Police Department Sergeant Paul Johnson filed a report weeks after the situation, alleging that Yoos had kicked him during the scuffle. Yoos denies kicking Sergeant Johnson, and the alleged kick did not require medical attention.

Under the Alford plea, a defendant admits that sufficient evidence exists in which the prosecution could likely convince a judge or jury to find the defendant guilty if a case goes to trial. Yoos is contesting the facts but agreed that the facts in the police reports are sufficient that he could be found guilty. 

After several fitful starts, interruptions, and a court recess, Yoos, through a sign language interpreter, said today that he understood the rights he would give up by pleading guilty, and that the court did not need to necessarily adhere to the recommendations of the State, represented by Toynbee.

The five page document recommended, in part, that jail time be suspended, and that a $250 crime victim fund fee and a $200 filing fee be paid.

Judge Carol Murphy presided over the status hearing, saying that the court is not required to follow the State's recommendation. In the end, she did.

Hildes, in his statement on Yoos' behalf, said that Yoos has no criminal history, cares about his community, and that Yoos' biggest concern is to make sure that changes are made in law enforcement protocols, such as the use of police video cameras.

"He's one of the best hearted people I have ever met," said Hildes.

Yoos, through an interpreter, said to the court, "This whole thing has been very draining on many levels, physically and psychologically and financially, and I feel like I can no longer afford to swim in this pool. I want to see that video is installed in all of the OPD, Olympia Police Department, patrol cars or in the uniform. This all would never have happened if I had a recording, a recorded witness, to back me up. As it is now, it is four against one and my chances in trial would not be wonderful. It's very frustrating but I would be - I will be - happy to be done with this."

Murphy said that it is the court's opinion that Mr. Yoos has been very respectful in the courtroom, and consistently on time. She said she wished she could say the same for his attorney, Mr. Hildes, who often arrived late for court appearances. Hildes lives in Bellingham. 

She added that she appreciated Mr. Yoos' difficulty in navigating the justice system and the time it has taken for everyone to come to this resolution.

A Scott Yoos Legal Defense Fund account has been set up at the Washington State Employees Credit Union. To pay Yoos' remaining expenses as a result of his case, donations to the fund may be made at any credit union branch.

OPD and the Feasibility of Patrol Car Video Cameras

Asked by this reporter late last month about the Olympia Police Department's (OPD) time and costs expended by OPD on the Yoos case specifically, Laura Wohl, OPD's spokesperson, said she could not estimate the cost. 

"The reason that costs aren’t available is that we don’t track such things by the case. For example, we track overtime according to what it is used for generically: to fill short shifts, to staff events, for court time, etc. We don’t track straight time in a case-by-case manner, either. Instead, officers work on many things during their regular shifts and the time is simply noted as regular shift hours....They may be investigating multiple cases when they are in the field, at the same time they may need to respond to an emergency call."

Asked about the department's interest in and cost of video cameras in patrol cars, she said, "Yes, the department has investigated the use of video cameras in our vehicles. The cost of the equipment is approximately $6000 each plus one-time infrastructure (antennae, computer server for storing the video, etc.) costs of about $10,000. The department has received grant funding to buy up to six cameras, although we do not have funding to equip all of our cars."  

Asked how many patrol cars there are in Olympia's fleet, Wohl said, "We currently have 20 marked patrol vehicles assigned to patrol shifts and to our traffic unit, as well as an additional two vehicles used by field supervisors. We have another 28 vehicles (some marked, some not) that are used by detectives, administration, the jail, the volunteer program, the school resource officer program, the training program, and our evidence/crime scene investigation team."

 

Wohl added, "OPD is in favor of in-car video. We believe that it provides important information about incidents that happen in the field that helps protect both citizens and officers. We had planned to implement in-car video in 2012 with the funding we had identified. However, staffing shortages and other high-priority projects delayed implementation."

 

"Recently, court decisions have raised questions about the retention of in-car videos. Additional retention requirements may significantly impact the workload needed to manage the storage and dissemination of in-car videos. We are still assessing what resources would be required to manage the videos and whether an in-car video program is feasible," Wohl said.

For more information and several articles about Yoos' case, use the search button and use key words on this blog at ww.janineslittlehollywood.blogspot.com.

Yoos Case: Motion To Dismiss Denied

Yoos Case: Motion To Dismiss Denied

By Janine Unsoeld
www.janineslittlehollywood.blogspot.com

The motion to dismiss a felony case against Scott Yoos, an Olympia man who is mute, was denied yesterday by Thurston County Superior Court Judge Christine Pomeroy.  

A date of August 12 has been set for the case to now go to trial with a twelve person jury.  This date could be changed if Yoos' attorney, Larry Hildes, asks for a delay to prepare for the case.

Yoos, 47, can hear, but cannot speak due to a head injury from a beating he suffered in 1984. (For more information and several articles about Yoos' case, use the search button and use key words on this blog at www.janineslittlehollywood.blogspot.com).

Immediately following the court's decision, Yoos motioned this reporter to come over and read what he was writing.
 
"The city of Olympia needs video cameras - I would have been entirely vindicated with a recorded witness, either on the patrol cars or attached to officer's uniforms. I've seen some very sophisticated cameras under $1,000 each."
 
Asking him what he does now, Yoos wrote, “I’ll scheme with the attorney, hopefully rest a bit.”

Case History

 Accused of a felony assault against a police officer, Yoos was initially cited for criminal trespass and obstructing justice on June 1, 2011. On that date, Yoos was riding on his bicycle through downtown Olympia at 11:30 p.m. toward his home on Martin Way, when he stopped to throw some dirty napkins in a Dumpster located at 2302 Fourth Avenue, near Twister Donuts, in Olympia.

Within minutes, several officers converged on Yoos. Yoos’ method of communication, pen and paper, were taken away, and his attempts to communicate using sign language were interpreted by officers as violent behavior.  Yoos is 5'9 and weighs about 155 pounds.

The case was bumped up to a felony after Olympia Police Department Sergeant Paul Johnson filed a report weeks after the situation, alleging that Yoos had kicked him during the scuffle. The alleged kick did not require medical treatment. Yoos denies kicking Sergeant Johnson.

Yoos’ case has dragged on for 26 months. There have been repeated delays in the case, many of them because a court-appointed sign language interpreter was not provided or available.  Larry Hildes, his attorney, has repeatedly asked the court for a motion to dismiss the case, based on discriminatory actions by the arresting law enforcement officers.

In what has amounted to several days of actual testimony in which Yoos and three law enforcement officers involved in the case testified, Olympia Police Department officers Officer Randy Wilson, Officer S. Costello, and Officer Jason Watkins, Judge Pomeroy ruled that the officers’ actions were justified, and that they had a reasonable right to stop and detain Mr. Yoos.  She further explained that their actions were not discriminatory, citing, in the court’s opinion, that it was Mr. Yoos’ repeated attempts to leave the scene that made the situation escalate.

Hildes repeatedly argued that Yoos was unjustly arrested and silenced because the officers did not have the proper training to deal with Yoos’ disability, and, after the officers made a series of assumptions, allowed the situation to escalate.

In his closing arguments, Hildes was assertive, saying in part, "Officers are supposed to deescalate situations...It became a power struggle, respect for the officers, forcing him to do what they wanted him to do and he just wanted to communicate, that's the discrimination. But for the lack of training, experience, and policy, there would not have been an incident. Dismiss this case. But for the discriminatory result, there would be no case...."

Thurston County prosecuting attorney J. Andrew Toynbee, appearing cool and calm in his demeanor, said in his closing argument, in part, "...over three days, the officers have testified and are able to give you a reason for everything...I'm telling the court they did nothing wrong. The defendant did not wish to communicate. In fact, he kept trying to leave...when asked, he did not write his name and birthdate...they had business to conduct with him. They had a reason to talk with him...there was not a lack of training or desire to communicate...he kept trying to leave....this was a dynamic situation, things happened quickly."

Citing case law, Toynbee said that the officers had justification to take action and it had nothing to do with discrimination against Mr. Yoos.

Hildes argued that it was not a dynamic situation, that they were standing there having a written exchange until Officer Wilson intentionally took his pad of paper away, preventing Yoos from further communication.

"This was like putting a gag in his mouth, intentionally using his disability against him."

Sample Testimony

Today, two sign language interpreters were available to accommodate Yoos’ method of sign language, which is signs and finger spelling. The process is time-consuming. When changes in words occurs, it is not clear if it is Yoos changing what he is saying or if the sign language interpreter misinterpreted his finger spelling. Yoos quickly corrected the interpreter if she misinterpreted his words.

The following is a portion of an unofficial transcription as heard and written by this reporter of yesterday's testimony by Yoos, when questioned by his attorney.

Hildes: Were you trying to be uncooperative?

Yoos: No, I just wanted to go home to bed and it was a little frightening to have this armed man immediately arrest me and accuse me of something that I had not done.

Hildes: Did you attempt to communicate that to him?

Yoos: I had my communication tools all taken away from me and I was just trying to sign to them.

Hildes: Did they stop trying to communicate to you at that point?

Yoos: They were interested in arresting me and attacking me.

Moments later:

Hildes: Did you attempt to leave?

Yoos: I didn’t try to “leave” three times like Costello claims that I – no, no.

Later:

Hildes: At the time, if they had communicated with you, would you have communicated with them?

Yoos: I am not a criminal. I am a former Eagle Scout, so, and preacher’s kid. I never threatened any of the police officers.

Hildes: Was it your intention to resist them?

Yoos: No, I didn’t think it was right for them to steal my bicycle and my Walkman, my wallet, my bag and all of the papers I had in my backpack and in my pocket.

Hildes: What made you think they were stealing?

Yoos: When someone violently takes something from you, that’s stealing.

Hildes: Why did you feel like it was stealing?

Yoos: I did nothing wrong and I couldn’t communicate and it was very frustrating to me.

Hildes: Were you frightened?

Yoos: Of course – there were four armed men.

Hildes: What were you wearing – what did you have on your feet?

Yoos: I was riding my bicycle with lightweight sandals like TEVA’s but cheaper.

Hildes: And you were wearing a reflective vest, correct?

Yoos: Yes.

Hildes: So you weren’t trying to sneak into the parking lot?

Yoos: No, of course not.

Hildes: So you weren’t trying to break into the donut shop?

Yoos: Please, no.

Later:

Hildes: Did you ever attempt to resist the officers?

Yoos: I only tried to communicate with Watkins by pulling in my arms so they could not cuff me again.

Hildes: Why did you do that?

Yoos: Because I needed to tell them – I needed my voice.

Hildes: So you were just trying to communicate?

Yoos: Yes.

Later:

Hildes: What frightened you about this incident?

Yoos: I had been – I was being – unjustly arrested and accused of things which I was not guilty of and physically, and I was having armed men approaching me at night.

Hildes: Was it also because they took away your ability to communicate?

Yoos: That was very frightening and frustrating to me…it was Wilson who took the pad and my communication away.

Hildes: So the officer already did that?

Yoos: Yes.

Hildes: And you were already communicating with him about the incident when he took the pad away from you?

Yoos: Yea, briefly. There are only, like, two or three back and forth conversations.

Later:

Hildes: He could have kept on writing and you would have kept responding, right?

Yoos:  Yes.

Hildes: Did you give him any reason that you didn’t want to communicate with him?

Yoos: I just wanted to go back home….I felt threatened and harassed but I was entirely willing to write back and forth with him.

With his attorney and friends, and while seated with his interpreter during the hearing, Yoos was using a new gizmo to communicate, a little black  LCD writing tablet called a Boogie Board. One button touch erases his words between thoughts. Asked about it during a break, Yoos wrote, “It was a surprise gift from a friend’s friend who won it in a raffle and sent it to me in the mail from Texas.”

Asked how he likes it, Yoos wrote, “It’s low battery use, it’s “supposed” to go about six years. It is the bottom of the line cheapest model  - he points to the back that says it’s from www.improveelectronics.com - but it’s just what I need. A lot better from markers, cuz those are very messy and are always drying out on me. Plus, no fumes.”  Many of his friends had difficulty reading the dark blue lettering against the black board but took the time to read his writings.

Yoos looked pale and drawn. During another break, he was asked how he feels. He wrote that his red nose and sniffles was the result of allergies.

Asked how he is holding up in general, Yoos wrote, “It’s been hanging over me for 26 months with over 20 court appearances counting the city ones – s’been hellacious – I’m not able to consider adopting a pup….”
 
Interview with Thurston County Prosecuting Attorney J. Andrew Toynbee

In a telephone interview this morning with Thurston County Chief Prosecuting Attorney J. Andrew Toynbee, who has pursued and argued the case against Yoos, Toynbee was asked what happens next. 


Toynbee said the case is scheduled to go to trial and Yoos could be convicted of assault of the third degree with a sentence of one to three months in jail, acquitted, or, he could accept a plea offer to a lesser charge.

“I’m not interested in sending Mr. Yoos to jail,” said Toynbee.  “I have made several attempts for plea offers in the past but Mr. Yoos’ attorney, Larry Hildes, has not entertained them.”

Asked why Thurston County is pursuing this case, Toynbee said, “We take assaults on officers very, very seriously, that’s the reason."

Asked what he wants from Yoos, Toynbee responded, “My goal is to have Mr. Yoos take some accountability for his actions.”

Asked why Sergeant Paul Johnson, the officer who was allegedly kicked by Yoos, did not testify, Toynbee said, “The motion only focused on one issue – whether law enforcement was discriminatory in their actions. Sergeant Johnson didn’t take action, he oversaw the situation after he arrived, but he would be called to trial. He could have testified, but it (the hearing) was going on and on….”

Asked if he thinks it’s a problem that Sergeant Johnson’s report is dated weeks after the incident, (it is dated June 27), and unsigned, Toynbee said, “No, I don’t think it’s a problem. Two officers, Costello and Wilson saw it (the kick).”

Asked how much Thurston County has spent thus far on Yoos’ case, Toynbee said he is a salaried employee and doesn’t know how much has been spent.

 

2012: A Busy, Rough Year for Olympia's Police Department

"People don’t call the police because they are having a good day...."

by Janine Unsoeld
www.janineslittlehollywood.blogspot.com

On a daily basis, an on-duty police officer is potentially tasked with responding to reports of vehicle thefts, loitering, drug related offenses, suicides, traffic accidents, home and retail burglaries, disorderly conduct, domestic disturbances, and, in the summer particularly, loud parties.

Add to that public service calls such as welfare checks on the elderly or others in need. Add to that the responsibility of being put on the front lines of an increasingly deteriorating economic situation that puts more homeless and mentally ill on the streets, and officers also become required to be all-round social service workers.

Add five homicides to that, and you have a department that is strapped, both emotionally and financially.

It's been a busy, rough year for Olympia's police department.

Dealing with a diverse population with growing needs is challenging for officers in cities across the country, both in large cities, and smaller ones, such as Olympia.

Recently, when Olympia city manager Steve Hall urged the council to create an emergency ordinance to not allow camping on the grounds of city hall, it was an effort to better protect city staff and the public entering the building, and move a homeless population elsewhere. The council did not pass the ordinance and the homeless are still able to camp there -  for now. The homeless are escorted away from the front of city hall by staff and sometimes police officers and the area is cleaned every morning with pressure washers at 6:00 a.m. City hall doors open to the public at 8:00 a.m.

As Mayor Stephen Buxbaum said during a recent city council meeting, "we have an outstanding (police) force - I think they do a good job. Unfortunately, police are too often on the front line of social issues and are forced to manage a situation with too little resources."

Referring to homelessness, he said, "This is not an Olympia problem, it's a national problem...Olympia is not alone...most are homeless out of other issues. It's not a problem of homelessness but health and safety...."

A Quick Profile of the Olympia Police Department

Creating a ever-growing laundry list of questions and concerns earlier this month, I met with Sergeant Paul Johnson and Laura Wohl, public information officer for the Olympia Police Department (OPD).

Based on those interviews, several clarifying, follow up emails, and other research, here is a quick profile of the department and other issues and challenges facing the Olympia Police Department.

• In 2011, OPD responded to about 50,500 calls for service and, as of six days ago, is on track to respond to 52,000 calls for service in 2012. That’s more than one call for service per capita. 

• The Olympia police department is composed of 64 commissioned officers, including Chief Ronnie Roberts, a commander, four lieutenants, eight sergeants and 50 police officers and police recruits.The department also has nearly 29 civilian and limited commissioned employees. "Limited commissioned" employees are jail staff who have some, but not all, of the same authority as police officers.

• Officers are divided into four shifts: daytime, two swing shifts, and one graveyard. The number of officers on duty per day varies, with no lower than four. All shifts overlap in time. Right now, one or two officers work three days a week downtown. The city is divided into four sections: westside, downtown, northeast, and southeast. Scheduling is "incredibly complicated," says Wohl, due to the shifts, contracts with labor unions, vacation schedules, and sickness and other issues.

• The department is not fully staffed, and there's no "borrowing" of officers from other cities. Officers work overtime, providing the department with safety and financial concerns. The department has hired six new officers in 2012, with seven left to fill.

• Officers can retire at age 53, which puts them on the leading edge of the baby boomer age, causing real problems in recruiting and hiring. Officer tenure in Olympia is very long, and rarely has someone left the department. It takes one year to fully train an officer so that he or she is able to operate as a solo officer.

• There are no African American police officers in the department. There is one Asian American officer. Wohl did not know the answer about the number of Hispanic officers, because she said she is not sure which officers meet that category.

• There are seven women officers in the department, and two currently in the police academy.

• There are two Spanish speaking officers, one of whom is from Spain and speaks Basque. Wohl did not know what dialect of Spanish the other officer speaks. The department has one Russian speaking officer, and one certified American Sign Language speaker.

Johnson said an interpreter of some sort is needed "once every couple of weeks." Officers are needed who speak Spanish and Asian languages, particularly Vietnamese and Cambodian, to meet the needs of an increasingly diverse population in the area. When needed, out of area interpreters are contacted through a national commununications center and patched in on a telephone. "There's a cost to it...and the defendent speaks to him or her. It's OK for certain things but it can't be used as evidence, so if we have a crime, we need a certified interpreter to testify," says Johnson.

• Officers are paid an average of $61 an hour in overtime (time and a half). Sergeants receive more per hour. When asked how much overtime has been expended by OPD in Thurston County's pursuance of their case against Scott Yoos, Wohl says the department has no way of tracking regular hours or overtime related to a specific case. (For more information about the Scott Yoos case, see other articles by Janine Unsoeld at www.janineslittlehollywood.blogspot.com and type in key words into the search button.)

• There are gangs in Olympia, with an uptick in their presence in the last two years. They come primarily from Pierce County.

• Residential burglaries are "huge," says Wohl, much larger than in previous years, mainly in the northeast and westside, and a recent rash in the southeast neighborhoods. The department is not clear why, but a large percentage are drug related. Olympia has a huge heroin and methamphetamine problem. Sixty-nine percent of residential burglaries this past summer were due to unsecured homes and garages. Vehicle prowls are also rising.

The best advice the department can give residents, Wohl says, is to "secure your homes and cars." Neighbors looking out for other neighbor's homes and property is also key.

The department receives hundreds of calls a day. "People will call the police for everything, even to ask for directions on how to get to Best Buy. We do our best to direct people, because they are used to calling the police department for everything," says Wohl.

Wohl said dealing with the mentally ill is one of the biggest responsibilities currently facing the police department.

"They are disruptive, scary, and threatening...the police are caught between a rock and a hard place," says Wohl. "There doesn't seem to be a single social service agency that can deal with them...these are often people known to us, and they've been declared incompetent. Then, they end up in jail. That's not the place for them."

She said the police chief is trying to build a net for the mentally ill by working with the city prosecuting attorney.

"It's necessary to find solutions....for example, we have not one, but two individuals who are paranoid, and call 911 hundreds of times a day. Not only does this tie up 911 resources, but it ties up officer's time," said Wohl.

How Does One Find Out About An Incident Involving the Police?

Wohl said that the department has two databases. One is a computer-aided dispatch log, called a CAD log, which documents every call responded to by the department. For example, following a public records request, I looked at a CAD log summary from June 1 - July 1, 2012. It was 168 pages, with about 27 listings on each page. That's about 4,536 calls in the month of June. If a call becomes a case, then it is assigned a case number.

Meeting with Wohl a couple weeks ago, I inquired about a situation I had heard about and had done a public records request based on the information I knew: a big, deaf man was Tasered by Olympia police on Percival Landing in July. You'd think that would have garnered the necessary report, but since I did not know a case number, I was given a massive file of calls reported in July. I could not find the actual case.

After our interview, Wohl provided me the report.

Deaf Man Tased On Percival Landing - Mentally Ill or Just Singing and Dancing?

The case I specifically requested information about seems to illustrate many challenging issues facing the Olympia police department. Although the case is a matter of public record, Little Hollywood is choosing not to identify the individual or the officers. Whether the man involved in this case is actually mentally ill was not determined.

In a case the police classified as a "mental problem," Olympia police were dispatched to Percival Landing for a report of a disorderly adult male on July 4th. The caller who reported the man said that the person was running around yelling and screaming, appearing to be under the influence of something.

According to the officer's report, the man was large. The report says the man was 6'4 and 242 pounds. The officer says he made "several attempts to draw his attention to me, before I was immediately upon him. I yelled to get his attention, but he did not respond....He looked away from me, walked about 15' to the base of a tree, where he knelt down and started digging in the dirt with his hands...." The officer again attempted to get his attention, to no avail. The officer attempted to secure the man. The officer says,  "(I) drew my Taser CED, pointed it at (his) upper back" and directed (the other officer) to handcuff him. The man resisted, and (the first officer) again Tasered the man. The CED produced the desired affect, in that (the man) immediately stopped resisting and rolled to his back. He did remain tense...there was no further use of force, and no injury, other than 2 CED probe wounds."

"(The man) had now stopped screaming, but took a seated position on the ground and kept trying to scoot away from us. He still ignored all attempts to try to communicate with him. One citizen approached and told us she believes (the man) is deaf. That does appear to be the case. Medics responded to the scene and attempted to evaluate (his) condition. He was transported to St. Peter Hospital by private carrier. Upon medical clearance, (he) will be committed to Crisis Services for a psychological evaluation."

The report goes on to say that a supervisor was called to the scene, and conducted several interviews of people who witnessed the incident. A woman on the scene felt the officers used inappropriate force. The woman said that the man was "just singing and dancing on the grass, and said she didn't know why officers were called or what they were told, but did not feel that the male deserved the actions she had witnessed from the officers. She further stated she had not heard verbal commands given to the male."

Another woman interviewed said that she, her husband, and a friend did observe the male for about ten minutes and it did seem that his behavior was "odd."

Another person, the man who made the initial phone call to the police, said that it wasn't his intention to get the man in trouble, but that he thought the situation should be "checked out".

Another man approached the police officers and the supervisor and said he knew the man was deaf because he had witnessed an incident involving the man at the Salvation Army the day before.

In closing, the report by the supervisor, the acting sergeant of that shift, states, "The actions of both officers were within policy and met with the reasonable officer standard based on the totality of the circumstances."

According to Wohl, the case was also reviewed by the patrol lieutenant for the team involved, the professional standards lieutenant, the commander and the chief.

Wohl said the department does track the number of Taser uses by the department, and that information will be provided to Little Hollywood in January.

Police Oversight: Citizen Review or Police Auditor...or Neither?

According to Wohl, the Olympia police department does not have a police auditor - the position was cut for budgetary reasons in 2009. The department has never had a citizen review panel, although there has been discussion about it.

"It is very unusual for a department of our size to have a citizen review panel. If a citizen makes a complaint, a professional standards lieutenant does a complete investigation into policy and law. For some complaints, a dispute mediator is used, for example, if a complainant feels an officer was rude....it's different than any other employment situation. It's a full investigation when a complaint is made of any kind," says Wohl.

"After the professional standards lieutenant makes his or her findings, it is reviewed by the commander and chief of police. If it is sustained, disciplinary action is taken. If somebody doesn't like the determination, and feels they have been harmed, they can make a claim with the city, or file a civil liability tort, and sue us."

In the past, a police auditor reported directly to the city council. The auditor, hired on an annual contract, reported on a quarterly basis, and conducted an internal affairs investigation, looking into use of force and other complaints.

It is not clear from the July police report regarding the incident on Percival Landing how or whether training protocol designed to help police deal with the deaf and hard of hearing was followed. The report does not describe how the officers attempted to get the man's attention, how they missed the fact that he was deaf, nor does it say that the man attempted to use sign language or indicate to officers that he was hearing impaired.

Crisis Intervention Training for Police Officers

A 13 minute training video to help police deal with the deaf and hard of hearing has been viewed by all Olympia police department officers, says Sergeant Paul Johnson. The video and training course manual was reviewed by this reporter through a public records request in September.

The video is part of a 40 hour Crisis Intervention Training (CIT) course curriculum created in 2008. It is sponsored and prepared by several agencies including the National Alliance on Mental Illness, Providence St. Peter Hospital, Behavioral Health Resources, the Olympia Police Department, and United Way of Thurston/Mason County. The material is taught by guest instructors and adapted from Seattle, Portland, and Memphis police department curriculum.

Sergeant Paul Johnson says that "most officers" have been through the CIT course training. "My hope is that everyone can (take it). It's pretty expensive - it takes a week to put an individual through the class, and they have to be compensated by state law. So, getting off-duty officers to come in and take it is difficult," says Johnson.

Training Video to Deal With the Deaf and Hearing Impaired

According to the video, which outlines several scenarios and procedures for getting the attention of the deaf and hard of hearing, about 12% of the population has some form of hearing loss.

The video says that "when people have a hearing loss, they should let you know of their situation and how they will need to communicate...the individual may be very expressive with their hands and facial gestures. Be prepared for this as it is part of their communication. Also be aware that some persons who are hard of hearing may speak in a very loud voice. This has often been wrongly interpreted as someone who is angry and aggressive...by contrast, the person who is smiling at you and not responding may not be understanding you."

The video continues, "When giving instructions, keep in mind they cannot understand you if they cannot see your face. Explain procedure and demonstrate facing the person what you want them to do. This can also be a problem when applying handcuffs to the person. Again, first explain what you are going to do before you do it. Handcuffs will also not allow the person to use hand signals when trying to communicate."

The video also states that "just because they (those detained) are hard of hearing or deaf does not mean they cannot pose a threat," pointing out that there is a need to communicate differently without compromising one's safety.

Challenges and Future Conversations

Olympia compares itself to other cities based on city population, rather than department size. Some of our comparable cities are: Auburn, Bremerton, Federal Way, Lacey, Lakewood, Lynnwood, Marysville, Renton and Richland. However, Olympia is unique in several ways.

"For our size, we have a lot of activity - not necessarily criminal - but because we are the state capitol, we have an active citizenry. Other communities are not as active. One of our biggest challenges too, unlike other cities in the county, is that we have a downtown. It's a gathering place. We also have a traveling population, due to having a major transit station (Greyhound), and they don't necessarily have ties to the community," said Wohl.

Asked last week if there was anything else she'd like to add to help community members better understand the Olympia police department, Wohl said, "One thing that I don’t think most people understand is the nature and volume of work we have...people don’t call the police because they are having a good day – they call them when something has gone wrong. Officers often deal with people at emotional extremes and they do it calmly and effectively day in and day out."

For more information: The Olympia police chief meets with community groups, neighborhood associations, social service and civic groups upon invitation. If you would like to meet with Chief Ronnie Roberts, call Laura Wohl at lwohl@ci.olympia.wa.us or (360) 951-8889, or go to the police department webpage at www.olympiawa.gov.

Scott Yoos Trial Scheduled For August 13

Above: Scott Yoos, center, stands outside the Thurston County courthouse on Wednesday with supporters, prior to his pre-trial hearing.

Scott Yoos Trial Scheduled For August 13

By Janine Unsoeld
www.janineslittlehollywood.blogspot.com

The Thurston County Superior Court trial date for Scott Yoos, an Olympia citizen accused of a felony assault against a police officer, has been scheduled for August 13.

Attorney Larry Hildes represented Yoos at the hearing held on Wednesday, April 18. Hildes took the Yoos case in February, and told Judge Carol Murphy that he needed more time to review his client’s information. Citing his existing workload and a recent vacation, Hildes said he had been unrealistic about the file he inherited from Yoos’ previous attorney and needed more time to gather information for the case. The judge issued an order of continuance.

Hildes submitted to the court a lengthy list of discovery requests, which includes disclosure of all police reports and logs related to the arrest, a map of the patrol area for the officer initially responding to the incident, and copies of all training materials for the police department on how to deal with deaf, hearing impaired and mute individuals, and disabilities of any kind.

Yoos, who pronounces his last name like “Yose” as in ‘Yosemite’ (National Park), is mute and typically uses a white board and marker or a pen and paper to communicate with other individuals. He can hear, and also uses sign language.

Before the hearing began, Yoos wrote a message to this reporter, saying, “…I’m hopeful and grateful that Larry and Karen (his wife) drove clear down from Bellingham.” About the new trial date, Yoos wrote, “We’re doing it several months in the future so that we have ample time to present motions.”

During the hearing's time frame in which several other cases were heard before Yoos’ case, prisoners in bright orange jumpsuits, tightly shackled with handcuffs around the hands and chains around their waists and feet, shuffled forward to the podium with their attorneys and were greeted and questioned by the judge about their cases. One prisoner wore a grey t-shirt that read, “Thurston County Sheriff’s Office Work Crew Inmate.”

Yoos, who is free and wore regular clothes, communicated with his attorney using a white board and blue marker and frequently used a rag stuffed in his left side pocket to erase his messages.

The Case Against Yoos

According to police records, Yoos was initially cited for criminal trespass and obstructing justice on June 1, 2011 at 2302 Fourth Avenue, Olympia, at 2341 hours. The property is the site of Twister Donuts.

The case originally was to be heard in the municipal court of the city of Olympia.

In his police report, Officer Randy Wilson writes that he saw Yoos enter the parking lot and go towards the Dumpsters and a fence by Curtis lumberyard.

“By the time I entered the lot, Yoos was behind the dumpster. Yoos tried to leave and I physically had to stop him. I learned he used sign language, so I assumed he was deaf. I began to communicate via notepad. I wrote down he was being investigated for criminal trespass. Yoos got agitated and refused to ID himself. While writing with him, he tried to leave on his bicycle at least 3 times. We tried to get him off his bicycle and he resisted. He was taken down to the ground and handcuffed. I later learned from Officer Watkins that on 8/10 Yoos had been trespassed from the property by Officer Hincichs. See C&I.”

Copies of Officer Wilson’s and Yoos’ handwritten questions and answers to each other include: Wilson's - “Do you have ID?" and "Write your name and birthday down” and Yoos' - “What have I done wrong?” and “I threw away a bag, is that illegal? You’d rather I littered?”

According to the police report, Yoos is 5’9 and weighs 155 pounds. Police reports detail the incident and actions by the four Olympia police officers who responded to the scene, Officers S. Costello, Jason Watkins, and Randy Wilson and Sgt. Paul Johnson.

Officer Costello’s report indicates that Yoos was “using sign language in a way that looked like he may hit one of us. He was slapping his hands and motioning wildly at us. I summoned Officer J. Watkins via police radio because I know he can communicate using American Sign Language.”

Officer Costello’s report goes on to explain that use of force was used to take away Yoos’ bicycle and take Yoos to the ground: “I laid the bicycle down and noted that Officer Wilson was trying to take Yoos to the ground. He’d become resistive at that point. As I got clear of the bicycle Officer Wilson was trying to use an arm bar technique to get him to the ground. As he was going to the ground I grabbed his right wrist area. Officer Wilson secured his left arm and I grasped his right wrist. Yoos was rolling on the ground and was still resisting us. I used my right knee on his neck and applied pressure, keeping him on the ground. Officer Wilson was able to secure Yoos in his handcuffs.

Officer Watkins’ report states that he knows American Sign Language, “…but I am only conversational and not certified as an interpreter or anything else.” He describes helping Officer Costello with standing Yoos up and subduing Yoos when he continued to resist the officers.

The Watkins report reads, in part: “While Officer Costello was searching Yoos I maintained downward preassure (sic) with my right arm along the upper portion of Yoos’ torso in order to keep him in the bent position and a position of disadvantage because he had been actively resisting. Yoos tried standing straight up a couple of times but I was able to maintain control of him. Yoos was screaming but not saying anything while he was being searched…."

Watkins later writes, “Yoos was placed into a temporary cell in preparation for booking and I re-contacted him there....I asked Yoos if he could hear and using only sign language he told me he was hard of hearing and in 1984, he suffered a head injury that made it so he was mute. Yoos told me he signed using English sign language rather than American Sign Language which is what I’m familiar with but we were still able to communicate….After I had cleared the Jail I was later called back by Corrections Officer Johnson. When I arrived Yoos had been released and was just outside of the Jail’s parking lot. I was told Yoos needed clarification regarding he had to go to court services tomorrow at 0830 hours, to obtain a court date and that is what I explained to him again using both my voice and sign language.”

Report by Sgt. Paul Johnson

According to a report, City of Olympia Sgt. Paul Johnson is the one who accuses Yoos of kicking him. His report is dated June 27, 2011. The incident occurred on June 1, 2011.

In part, his report reads, “Officer Costello transitioned to a gooseneck counter joint technique and applied pressure. Yoos at this point lunged toward me lifting his foot impacting my left thigh. The impact pushed me back at which point Yoos using the same foot kicked the headlight of a nearby patrol car attempting to break it. I advised the officers I was fine and suggested taking Yoos to the hood of patrol car. Yoos’ upper torso was then forced down onto the hood of the vehicle and was re-secured in handcuffs.” According to the report, Yoos was then transported to the Olympia police department for processing, booked, and released.

As a result of Johnson’s report, Yoos’ case was bumped up to the Superior Court of Washington in Thurston County. In a document dated August 8, 2011, Yoos was charged with three counts: assault in the third degree, a Class C felony; criminal trespass in the second degree, a misdemeanor; and resisting arrest, also a misdemeanor.

Yoos' Supporters Speak Out

On Wednesday, friends and supporters of Yoos met at the courthouse prior to the hearing to express their support for Yoos. About a dozen went into the courtroom with Yoos to witness his pre-trial hearing.

Yoos supporter John Newman said, “Being charged with assault at taxpayer’s expense is unjust. Scott’s been a great local volunteer in the city of Olympia for several nonprofits. I think he was innocent and wanted to go home.”

Aaron Zanthe also expressed support for Yoos. “I’m definitely supporting Scott. I’m a friend and an advocate for people of neurodiversity. He came to a community event I organized. I find his story very moving. I’m well-adjusted to listening to stories of people who face abuse and aren’t capable of defending themselves, and this is reflected in my work. I find it distressing that Scott was assaulted by anyone, especially those entrusted with public safety and that his sign language was interpreted as a sign of aggression.”

After witnessing the hearing, supporter Chris Stegman said, “The whole thing reeks of an unjust system gone awry, a cover up of police misconduct and an overreach of authority and inappropriate detention, the threat of which is what led Scott to try to escape the scene in fear for his safety. How would it feel to the average person to be detained by up to four armed police officers at 11 pm in a dark alley out of public sight, all for throwing some paper napkins in a city of Olympia Dumpster? I'm ready to peacefully riot if this case goes through and he gets convicted of any felony, for resisting arrest, obstruction of officers duties, or whatever. This is a gross miscarriage of justice that it has gone this far without being dismissed.”

An Interview with Scott Yoos

After arranging for an interview time and place through text messaging and email, I sat down with Yoos for an in-person, hour long interview today. I asked him about the police reports, showed him specific passages I had questions about, and asked him for his thoughts.

The process was time intensive, as I do not know sign language. I had to be patient and let Yoos write his answers to my questions, and not interrupt him if I thought I knew what he was going to write. A few times, I did interrupt. Sometimes it helped, sometimes it didn't. Yoos often nodded and laughed if I guessed what he was going to write. When I didn't guess correctly, Yoos seemed to hide what he was writing until he was finished, then showed me his complete thought. He used two full sized pieces of paper and covered both sides, twisting and turning the pages around, covering the white space.

This is what we were able to accomplish:

I looked at Yoos directly and asked him if he was hard of hearing. He wrote, "Never. I've been mute since 1984 due to a severe head injury."

I referred to Office Watkins' report where Watkins wrote, "I asked Yoos if he could hear and using only sign language he told me he was hard of hearing and in 1984, he suffered a head injury that made it so he was mute. Yoos told me he signed using English sign language rather than American Sign Language...."

In response, Yoos wrote, "He misinterpreted my sign - I'm most comfortable with S.E.E., not A.S.L."

Yoos then wrote, "There is really so much to say. I've been stewing in this for nearly a traumatic year."

Yoos pointed out the words Officer Costello used in his report, "He was slapping his hands and motioning wildly at us." In response to this, Yoos wrote, "I really resent their choice of words. Anything to make me sound crazy and violent. I was merely trying to communicate via sign."

Yoos also took issue with Officer Costello's report and the words, "I laid the bicycle down..." In response, Yoos wrote, "He tore my bike from underneath me and threw it to the side."

When I asked Yoos why he and Officer Wilson shared the same notebook, Yoos wrote, "They took my pen."

When I asked Yoos how long it took for Officer Watkins, who knew sign language, to arrive to the scene and if he helped, Yoos wrote, "By the time he arrived to "help" I was handcuffed."

Yoos also wrote, "What happened to me that night was entirely undeserved, and too many half-truths and bald faced lies have been told about my behavior, to allow it to remain unchallenged. This is why we need to push for video surveillance of arrests. There needs to be something to "police" the police! It's a matter of public safety. I believe that video coverage would have entirely vindicated me and would have gotten the O.P.D. (Olympia Police Department) in trouble."

Yoos also wrote, "I'd like to point out/emphasize that I was merely a bicycle commuter headed home. I was wearing a reflective orange vest and had a red blinking light on the rear of my bike. If I'd been doing something criminal, I wouldn't have been dressed to be seen!"

Finally, Yoos wrote, "I'm so grateful for your interest! There are so many people and things which I love about this town. A militarized police force and their stormtrooper mentalities is not one of them!" Yoos also wrote that he has a support group address on Facebook and wanted me to include that information in my article.

A legal defense fund has been set up to cover attorney's fees for Yoos' defense. Donations can be endorsed to "Scott Yoos - LDF" and walked in or mailed directly to: Scott Yoos – Legal Defense Fund, c/o Washington State Employees Credit Union, 2302 Harrison Ave NW, Ste 201, Olympia, Washington 98502. Donations can also be made online at https://donationpay.org/scottyoos/. Supporters say 100% of the amount donated will go to the Scott Yoos Legal Defense Fund.

A Facebook account has been set up at http://www.facebook.com/pages/Scott-Yoos-Support-Committee-Legal-Defense-Fund/222716127776108 or you can just type Scott Yoos Legal Defense Fund.

Supporters have organized a fundraiser for Yoos on Sunday, May 20th at 7:00 p.m. at Traditions Fair Trade, 300 5th Avenue, in downtown Olympia, for an event with singers, spoken word artists, and musicians. Pie and food will be provided for free.